New Year's Eve celebrations in Maryland tonight will contain an added level of significance for some residents. When the clock strikes midnight, same-sex marriage will officially become legal in Maryland, and there are many couples who are wasting no time, planning to wed first thing New Year's Day.
While this change in the state's family laws is going to be celebrated by many gay marriage advocates tonight, it is very important to remember that there are still major legal issues facing same-sex couples, even after marriage.
Family law is generally handled at the state level, which is why Maryland was able to legalize gay marriage as a state. However, some laws affecting families are managed at the federal level. Because gay marriage is not recognized by the federal government, this puts married same-sex couples at odds with some federal laws.
The 1996 federal Defense of Marriage Act defines marriage as a legal union between a man and a woman. As such, it effectively denies married same-sex couples the federal benefits that are awarded to married opposite-sex couples. These include federal tax benefits, access to pension and inheritance funds and the path to immigration through marriage.
The intersection of DOMA and state marriage laws has been problematic for many couples, but perhaps to none more so than bi-national married gay couples because the non-U.S. national spouse may actually be deported in some cases.
Earlier this month, the U.S. Supreme Court said it will hear arguments about the constitutionality of DOMA this spring. While awaiting the high court's decision, a coalition has asked the Obama administration to suspend pending green card applications.
The future of DOMA remains to be seen, however it is important to note that although same-sex marriage will become legal in Maryland, same-sex couples still face many unique legal challenges that they must recognize.
Source: Washington Post, "Federal marriage law may force deportation of many immigrant gay spouses," Pamela Constable, Dec. 29, 2012
- For information about family law in Maryland, please visit our Montgomery County law firm's Family Law website.
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